The issue before the Supreme Court of Ohio was whether a university’s police department was a public office for the purpose of Ohio’s Public Records Act. Despite the fact the university is a private school, the Court found that the private university’s police department was providing a core function of government, the enforcement of laws, which constitutes a public office.A student-run media website requested from the chief of the university’s police department criminal records of both students and nonstudents. The request for these records was denied by the university’s dean for student affairs. In the denial of the request, the dean indicated that as a private university, he believed that the university was not subject to the Public Records Act. Therefore, the school did not make their records public. The news editor for the student-run website filed a lawsuit in an effort to obtain the requested records.

School being private was not the issueUnder the Ohio Public Records Act, the term “public records” is defined as those records kept by any public office. Public office is defined by the Public Records Act to include any state agency, public institution, or entity established by the laws of Ohio for the exercise of any function of government. The issue before the Supreme Court of Ohio was not whether the private university could be deemed a public office, but rather whether a private university’s campus police department is a public office. Ohio law provides that a private college or university’s board of trustees may appoint members of a campus police department to act as police officers. If a campus police officer is appointed to act as a police officer, her or she has the same authority as a police officer of a municipality or as a county sheriff. While the university argued their police department is not a public office because it is a private school and the department is a subdivision of the university, the Supreme Court explained that even a private corporation may be considered a public officer when it performs a governmental function. In fact, the court explained that an entity need not be operated by Ohio, a local government or even a political subdivision for it to be considered a public office.

A fundamental function of governmentIn this instance, the university’s police department was found to be engaging in one of the most fundamental functions of government, which is the enforcement of its laws. As a result, the Court found that the university’s police department constitutes a public office, and it was required to produce the records that were requested by the student-run media website.This Ohio decision is consistent with similar rulings in other states. The mere fact that an organization, company, corporation, etc is a private institution does not necessarily safeguard the institution from a state’s public records act, if the institution is performing a function that is historically a government function.

Doug Pierce was quoted regarding telemarketer access to accident report records. See the related case in the news blurb below regarding ‘promptness’ for producing records under the Tennessee Public Records Act.Watch the report here.

Doug Pierce was cited in the Nashville Post regarding King & Ballow’s victory over the City of Nashville in the Tennessee Court of Appeals; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. Read the article here.

Richard Busch was quoted in The Hollywood Reporter and USA Today about his representation of Jillian Michaels and prevailing against Lion’s Gate. Read the articles here:The Hollywood ReporterUSA Today

Richard Busch interviewed by the BBC in London about U.S. Copyright Law and some of the recent cases on which he has worked. Listen to the interview here.

Richard Busch was cited in The Hollywood Reporter about Ed Sheeran settling the lawsuit over the hit song Photograph.Read the article here.

Eddie Wayland was featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

Doug Piercewas quoted in the Nashville Post regarding King & Ballow’s victory over the City of Nashville; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. A judge ruled the City violated the statute.Read the article here.

Richard Busch was quoted on Law.com about his legal background, experience with copyright infringement cases, and the ‘Blurred Lines’ appeal.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2017 edition of The Best Lawyers in America in the practice areas of: Employment Law - Management, First Amendment Law, Labor Law - Management, Litigation - Labor and Employment and Transportation Law. Mr. Wayland has been consistently recognized by his peers and named to the publication for over 25 years.Read more here.

Richard Busch most recently obtained a favorable decision by the United States Court of Appeals, reversing the district court, and holding that the author of the "Iron Man Theme" from Marvel's "Iron Man" television show, and movies, had submitted sufficient evidence that his creation was not a "work for hire" in order to proceed to trial on his copyright infringement claim. The full decision can be accessed here.

King & Ballow congratulates Eddie Wayland for being featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2016 “Music Industry's Top Lawyers.”Read more here.

Richard Buschwas quoted in Rolling Stone Magazine on the new 'Stairway to Heaven' case.Read the article here.

Eddie Wayland is featured in the Truckload Authority magazine, the official publication of the Truckload Carriers Association in the article, “Labor Pains: New Labor Laws Could Cause You Pain If You Are Not Prepared.” Read the article here.Richard Busch takes on another high-profile copyright infringement case.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2016 edition of The Best Lawyers in America, wherein the top 4% of attorneys in the country are recognized. Mr. Wayland has been consistently named to the publication for over 25 years.Read more here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2015 “Music's Most Powerful Attorneys,” where he was one of only four litigators named.Read more here.

Richard Busch was a featured litigator in Billboard Magazine regarding the “Blurred Lines” case.Read the article here.

Richard Busch appeared on America’s Newsroom this morning to discuss Bill Cosby’s 2005 admission to purchasing Quaaludes to drug women.Watch the video here.

Richard Busch is frequently asked to discuss legal issues on Fox Business News. He recently appeared to discuss the class action lawsuits filed against Manny Pacquiao, and others, related to the alleged non-disclosure of a shoulder injury prior to the fight against Floyd Mayweather.Watch the video here.

King & Ballow congratulates Paul Duvall for being named to Martindale Hubbell Top Lawyers list for Wage & Hour for 2014 and 2013. Click here to read the article.

King & Ballow congratulates Richard S. Busch for being named to the Hollywood Reporter's 2013 list of the top 100 entertainment lawyers in the United States. This is the second year in a row Mr. Busch has been so honored. Mr. Busch, who has been with King & Ballow since 1991, is the partner in charge of the Firm's Entertainment and Intellectual Property sections.Click here to read the article.

Steve Douse was quoted in the article, National Newspaper Association Challenges Valassis, Inc. | Post Deal in Federal Court. Regarding competition with the USPS, Douse said, “It forces firms to compete with the Postal Service and Valassis with one hand tied behind their backs.”Click here to read the article

Richard Busch'sForbes Magazine article, Fighting For The Right To Superman's Copyright: More Brutal Than Anything Lex Luthor Could Have Imagined Click here to read the full article.